The “Truth Trap”: When Mandatory Counseling Forces You to Lie (Or Go to Jail)

By: John Guidry

We are continuing our series on Violations of Probation (VOP). It is “VOP Season” here in Orlando, so why fight it?

Today, the focus is on the money-making machine known as Mandatory Counseling. “Any recommended treatment or counseling” is a common phrase used by judges. Often, it translates to: “You are about to pay a boatload of money to a private company that has no incentive to release you.”

But beyond the money, there is a darker trap hiding in these programs: The Admission of Guilt.

Kicked out of counseling because you wouldn’t admit to a crime you didn’t commit?

You shouldn’t go to jail for telling the truth. Call John today at (407) 423-1117.

The Catch-22: “No Contest” vs. “I Did It”

Here is the scenario: You are innocent, but you are facing 5 years in prison. Your lawyer cuts a deal: Plead “No Contest,” take probation, and do some counseling. You take the deal to save your life/job/sanity.

The Problem: Many programs—specifically Batterers Intervention (for Domestic Violence) and Sex Offender Treatment—operate on a strict model. To “successfully complete” the program, the counselors require you to admit that you battered your spouse or committed the crime.

The Dilemma:

• Option A: You lie and say, “Yes, I did it,” so you can finish the class and stay out of jail.
• Option B: You tell the truth (“I pleaded no contest, but I didn’t actually do that”), and the counselor kicks you out for “denial.”

The Consequence: Being kicked out of treatment is a Violation of Probation. The officer files a warrant, and you are facing prison time. For telling the truth.

The Defense: Bennett v. State

Can they really violate you for maintaining your innocence? Not if we fight it correctly.

We rely on cases like Bennett v. State, 684 So. 2d 242 (Fla. 2d DCA 1996).

• The Facts: Bennett was on probation for a sex offense. He was ordered to complete treatment.
• The Kick-Out: The program kicked him out because he refused to admit to the underlying molestation.
• The Appeal: Bennett argued that the Judge only ordered him to complete treatment; the Judge never ordered him to admit guilt.

The Ruling: The Appeals Court overturned the violation! They held: “Bennett’s refusal to admit to the sexual conduct does not constitute a willful and substantial violation of the terms of his probation.”

Unless the Judge specifically looks at you during sentencing and says, “You must admit to the facts of this crime during counseling,” the treatment provider cannot force you to do so.

Diaz v. State: Protecting the Plea Deal

A similar result was reached in Diaz v. State, 629 So. 2d 261 (Fla. 4th DCA 1993). The court reasoned that if an admission of guilt is necessary for counseling, the defendant must be told before he enters the plea.

If you entered a “Best Interest” or “No Contest” plea, you legally maintained your innocence. A counselor cannot overrule your plea agreement by forcing a confession later.

John’s 2026 Update: Read Your Order Carefully

Note: While Bennett and Diaz are still good law, prosecutors and judges have gotten wise to this defense.

1. The “Special Condition” Trap In 2026, many prosecutors now ask the Judge to include a “Special Condition” of probation that says: “Defendant must comply with all rules of the treatment provider, including taking accountability for the offense.”

• If this language is in your Probation Order, the Bennett defense will not work. You effectively signed away your right to maintain innocence.

2. Finding the Right Provider If you maintained your innocence in court, we need to find a counseling provider who understands that.

• Some private counselors in Orlando are willing to work with “No Contest” clients without forcing a false confession.
• My Strategy: Before you sign up for a class, we vet the provider. We ask, “Do you accept ‘No Contest’ clients?” If they say no, we ask the Judge to switch your provider before you get kicked out.

Don’t Let a Counselor Send You to Prison

If you are facing a VOP because you were “terminated from treatment” for “denial” or “attitude,” do not just accept the violation. We can argue that your actions were not willful.

Call me at (407) 423-1117. Let’s fight the VOP.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.